Procedural Regulations – Scope of Application

Aims of This Lecture To learn about the scopes of application of the procedural regulation in European Area of Justice To summarize the HW case and to identify: – An issue of fact – A legal problem To evaluate the homework To learn how to read the case law of the ECJ To learn more about the oral presentations

Introduction Summarize the issue of fact. = What´s the case about? What is the key legal problem here? Which information is necessary to solve the case? Which information is superfluous? Any missing information?

Possible Legal Regulation of the Case I Which legal instruments can be applied on this case? How are their conflicts to be solved? Is there a hierarchy between the regulations?

Legal Regulation of the Case II International conventions, EC regulations, national law EC regulations v. conventions – Relationship usually stipulated in their texts or – International conventions have priority over secondery EC law but not over primary EC law Relationship between regulations stipulated in their texts or the speciality/generality decisive

Regulations applicable on the case I Council Regulation (EC) No 44/2001 of on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters = Brussels I Regulation (EC) No 805/2004 of the European Parliament and of the Council of creating a European Enforcement Order for uncontested claims

Regulations applicable on the case II Regulation (EC) No 1896/2006 of the European Parliament and of the Council of creating a European Order for Payment Procedure Regulation (EC) No 861/2007 of the European Parliament and of the Council of establishing a European Small Claims Procedure

Scopes of Application Territorial Personal Temporal Subject-matter Which regulations are applicable on the given case?

Comparison of the proceedures Differences and similarities – Regulation Brussels I v. EEO – Regulation EOP v. SC – Regulation Brussels I and EEO v. Regulation EOP and SC

Standard forms What are the standard forms good for? What is the difference between the forms in each regulation?

Evaluation – Homework I Always keep the deadlines (mind your client´s demands) Be carefull about the form

Evaluation – Homework II Contents of the – Greetings – „Dear Mr…, Dear All…“ – Introduction – „Referring to/in relation to your , concerning your question“ – Disclaimer – „based on information you provided us with“, „please note that the solution may change depending on the additional information“. – Information the client is asking about–clear also for laics, no need to mention §, sections etc. – Standard „In case of any questions or queries, please do not hesitat to contact us.“

Reading a case law

Case law What is interpretation of regulation good for in EU? Who is the only authority to interpret the European regulations Eurocontrol Rüffer Sonntag De Cavel

How to read more efficiently? Reading case-law is hard job Nevertheless: Your future job! Read, understand, analyse, create argument based on the case law Critical reading helps to read better

Critical reading Reading of statutes and case-law and thinking of the content It’s a learned skill! To get ideas, deeply comprehend and analyse your task or client’s question carefully, comprehensively, and efficiently

3 steps of critical reading Get the context Skim the text Read and question the text Repeat the third step multiple times

Reading judicial opinions Caption Holdings Contextual information – Procedural history and Facts statement – Issue or issues – Court’s analysis The rule The holding or holdings (conclusion) The reasoning Dicta – The judgment – Concurring or dissenting opinions

Thank you for your attention

Děkuji za pozornost Tento studijní materiál byl vytvořen jako výstup z projektu č. CZ.1.07/2.2.00/ Tento projekt je spolufinancován Evropským sociálním fondem a státním rozpočtem České republiky.